BILL NUMBER: SB 580 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 1999
INTRODUCED BY Senator Lewis
FEBRUARY 23, 1999
An act to amend Sections 646.9 and 646.92 of, and to add
Section 3053.3 to, , 646.92, and 3003 of the
Penal Code, relating to stalkers.
LEGISLATIVE COUNSEL'S DIGEST
SB 580, as amended, Lewis. Stalkers.
Under existing law, stalking is a crime. Existing law contains
various provisions for the notification of victims of stalkers of
release from custody.
This bill would require the court to include the names and related
information of victims of stalkers in the abstract of judgment for
purposes of notification and prohibition of contact upon release of
the stalker.
Existing law requires the Department of Corrections, county
sheriff, or director of the local department of corrections to give
notice of the release any person who is convicted of stalking or
convicted of a felony offense involving domestic violence.
This bill would also require notice of any change in parole status
location. It would require additional attempts to locate victims
whose address or telephone number is incorrect, or who did not
originally request notice. By imposing additional duties on local
law enforcement officials, the bill would impose a state-mandated
local program.
Existing law provides that, upon the request of the victim, or the
victim's parent or legal guardian, the parole authority shall impose
various restrictions on contact of victims by persons convicted of
certain crimes involving domestic violence, including stalking.
Among other things, the parole authority is required to issue an
order prohibiting the parolee from coming within 100 yards of the
victim or the victim's residence or workplace.
This bill would enact similar provisions to provide that upon the
request of the victim, or the victim's parent or legal guardian, the
parole authority shall impose various restrictions on contact of
victims by persons convicted of stalking. Among other things, the
parole authority would be required to issue an order prohibiting the
parolee from coming within 35 miles of the victim or the victim's
residence or workplace.
This bill would also require the parole authority to notify local
law enforcement when a person convicted of stalking is released
within the local jurisdiction.
Existing law generally regulates conditions of parole, including
restrictions on where parolees may be located upon release.
This bill would provide that an inmate released on parole for an
offense involving stalking may not be returned to a location within
35 miles of the victim's residence or place of employment if the
victim or witness has requested additional distance in the placement
of the inmate upon parole, and if the Board of Prison Terms or the
Department of Corrections finds that there is a need to protect the
life, safety, or well-being of the victim.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 646.9 of the Penal Code is amended to read:
646.9. (a) Any person who willfully, maliciously, and repeatedly
follows or harasses another person and who makes a credible threat
with the intent to place that person in reasonable fear for his or
her safety, or the safety of his or her immediate family, is guilty
of the crime of stalking, punishable by imprisonment in a county jail
for not more than one year or by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment, or
by imprisonment in the state prison.
(b) Any person who violates subdivision (a) when there is a
temporary restraining order, injunction, or any other court order in
effect prohibiting the behavior described in subdivision (a) against
the same party, shall be punished by imprisonment in the state prison
for two, three, or four years.
(c) Every person who, having been convicted of a felony under this
section, commits a second or subsequent violation of this section
shall be punished by imprisonment in the state prison for two, three,
or four years.
(d) In addition to the penalties provided in this section, the
sentencing court may order a person convicted of a felony under this
section to register as a sex offender pursuant to subparagraph (E) of
paragraph (2) of subdivision (a) of Section 290.
(e) For the purposes of this section, "harasses" means a knowing
and willful course of conduct directed at a specific person that
seriously alarms, annoys, torments, or terrorizes the person, and
that serves no legitimate purpose. This course of conduct must be
such as would cause a reasonable person to suffer substantial
emotional distress, and must actually cause substantial emotional
distress to the person.
(f) For purposes of this section, "course of conduct" means a
pattern of conduct composed of a series of acts over a period of
time, however short, evidencing a continuity of purpose.
Constitutionally protected activity is not included within the
meaning of "course of conduct."
(g) For the purposes of this section, "credible threat" means a
verbal or written threat, including that performed through the use of
an electronic communication device, or a threat implied by a pattern
of conduct or a combination of verbal, written, or electronically
communicated statements and conduct made with the intent to place the
person that is the target of the threat in reasonable fear for his
or her safety or the safety of his or her family and made with the
apparent ability to carry out the threat so as to cause the person
who is the target of the threat to reasonably fear for his or her
safety or the safety of his or her family. It is not necessary to
prove that the defendant had the intent to actually carry out the
threat. The present incarceration of a person making the threat
shall not be a bar to prosecution under this section.
(h) For purposes of this section, the term "electronic
communication device" includes, but is not limited to, telephones,
cellular phones, computers, video recorders, fax machines, or pagers.
"Electronic communication" has the same meaning as the term defined
in Subsection 12 of Section 2510 of Title 18 of the United States
Code.
(i) This section shall not apply to conduct that occurs during
labor picketing.
(j) If probation is granted, or the execution or imposition of a
sentence is suspended, for any person convicted under this section,
it shall be a condition of probation that the person participate in
counseling, as designated by the court. However, the court, upon a
showing of good cause, may find that the counseling requirement shall
not be imposed.
(k) The sentencing court also shall consider issuing an order
restraining the defendant from any contact with the victim, that may
be valid for up to 10 years, as determined by the court. It is the
intent of the Legislature that the length of any restraining order be
based upon the seriousness of the facts before the court, the
probability of future violations, and the safety of the victim and
his or her immediate family.
(l) For purposes of this section, "immediate family" means any
spouse, parent, child, any person related by consanguinity or
affinity within the second degree, or any other person who regularly
resides in the household, or who, within the prior six months,
regularly resided in the household.
(m) The court shall consider whether the defendant would benefit
from treatment pursuant to Section 2684. If it is determined to be
appropriate, the court shall recommend that the Department of
Corrections make a certification as provided in Section 2684. Upon
the certification, the defendant shall be evaluated and transferred
to the appropriate hospital for treatment pursuant to Section 2684.
(n) In order to permit the identification of and contact with
victims in the future for purposes of notification and prohibition of
contact under Sections 646.92 and 3053.3, the court shall identify
the victims of the offense in the abstract of judgment and shall
include information, such as the victim's address and telephone
number, to permit contacting the victim.
SEC. 2. Section 646.92 of the Penal Code is amended to read:
646.92. (a) The Department of Corrections, county sheriff, or
director of the local department of corrections shall give notice not
less than 15 days prior to the release from the state prison or a
county jail of any person who is convicted of violating Section 646.9
or convicted of a felony offense involving domestic violence, as
defined in Section 6211 of the Family Code, or any change in the
parole status or parole location of the convicted person, to any
person the court identifies as a victim of the offense, a family
member of the victim, or a witness to the offense by telephone and
certified mail at his or her last known address, upon request. A
victim, family member, or witness shall keep the Department of
Corrections or county sheriff informed of his or her current mailing
address and telephone number to be entitled to receive notice. A
victim may designate another person for the purpose of receiving
notification. The Department of Corrections, county sheriff, or
director of the local department of corrections, shall make all
reasonable attempts to locate a person who has requested notification
but whose address and telephone number are incorrect or not current.
However, the duty to keep the Department of Corrections or county
sheriff informed of a current mailing address and telephone number
shall remain with the victim.
In the event the victim had not originally requested notification
under this section, the Department of Corrections, county sheriff, or
director of the local department of corrections, as appropriate,
shall make an attempt to contact the victim or, if the victim is a
minor, the parent or guardian of the victim, of the victim's right to
notification under this section.
(b) All information relating to any person who receives notice
under this section shall remain confidential and shall not be made
available to the person convicted of violating this section.
(c) For purposes of this section, "release" includes a release
from the state prison or a county jail because time has been served,
a release from the state prison or a county jail to parole or
probation supervision, or an escape from an institution or reentry
facility.
(d) The Department of Corrections or county sheriff shall give
notice of an escape from an institution or reentry facility of any
person convicted of violating Section 646.9 or convicted of a felony
offense involving domestic violence, as defined in Section 6211 of
the Family Code, to the notice recipients described in subdivision
(a).
(e) Substantial compliance satisfies the notification requirements
of subdivision (a).
SEC. 3. Section 3053.3 is added to the Penal Code, to read:
3053.3. (a) Upon the request of the victim, or the victim's
parent or legal guardian if the victim is a minor, the parole
authority shall impose compliance with a protective order imposing
any or all of the following conditions on the parole of a person
released from prison for an offense involving stalking:
(1) Compliance with a protective order enjoining the parolee from
threatening, stalking, or harassing the victim.
(2) An order prohibiting the parolee from having personal,
telephonic, electronic, media, or written contact with the victim.
(3) An order prohibiting the parolee from coming within at least
35 miles of the victim or the victim's residence or workplace.
(b) The parole authority shall notify the local law enforcement
officials when any person convicted of an offense described in
subdivision (a) is released within the jurisdiction of the official,
including the name and contact information concerning the victim.
SEC. 3. Section 3003 of the Penal Code is amended to read:
3003. (a) Except as otherwise provided in this section, an inmate
who is released on parole shall be returned to the county that was
the last legal residence of the inmate prior to his or her
incarceration.
For purposes of this subdivision, "last legal residence" shall not
be construed to mean the county wherein the inmate committed an
offense while confined in a state prison or local jail facility or
while confined for treatment in a state hospital.
(b) Notwithstanding subdivision (a), an inmate may be returned to
another county if that would be in the best interests of the public.
If the Board of Prison Terms setting the conditions of parole for
inmates sentenced pursuant to subdivision (b) of Section 1168, or the
Department of Corrections setting the conditions of parole for
inmates sentenced pursuant to Section 1170, decides on a return to
another county, it shall place its reasons in writing in the parolee'
s permanent record and include these reasons in the notice to the
sheriff or chief of police pursuant to Section 3058.6. In making its
decision, the paroling authority shall consider, among others, the
following factors, giving the greatest weight to the protection of
the victim and the safety of the community:
(1) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person.
(2) Public concern that would reduce the chance that the inmate's
parole would be successfully completed.
(3) The verified existence of a work offer, or an educational or
vocational training program.
(4) The existence of family in another county with whom the inmate
has maintained strong ties and whose support would increase the
chance that the inmate's parole would be successfully completed.
(5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to Section 2960.
(c) The Department of Corrections, in determining an out-of-county
commitment, shall give priority to the safety of the community and
any witnesses and victims.
(d) In making its decision about an inmate who participated in a
joint venture program pursuant to Article 1.5 (commencing with
Section 2717.1) of Chapter 5, the paroling authority shall give
serious consideration to releasing him or her to the county where the
joint venture program employer is located if that employer states to
the paroling authority that he or she intends to employ the inmate
upon release.
(e) (1) The following information, if available, shall be released
by the Department of Corrections to local law enforcement agencies
regarding a paroled inmate who is released in their jurisdictions:
(A) Last, first, and middle name.
(B) Birth date.
(C) Sex, race, height, weight, and hair and eye color.
(D) Date of parole and discharge.
(E) Registration status, if the inmate is required to register as
a result of a controlled substance, sex, or arson offense.
(F) California Criminal Information Number, FBI number, social
security number, and driver's license number.
(G) County of commitment.
(H) A description of scars, marks, and tattoos on the inmate.
(I) Offense or offenses for which the inmate was convicted that
resulted in parole in this instance.
(J) Address, including all of the following information:
(i) Street name and number. Post office box numbers are not
acceptable for purposes of this subparagraph.
(ii) City and ZIP Code.
(iii) Date that the address provided pursuant to this subparagraph
was proposed to be effective.
(K) Contact officer and unit, including all of the following
information:
(i) Name and telephone number of each contact officer.
(ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.
(L) A digitized image of the photograph and at least a single
digit fingerprint of the parolee.
(M) A geographic coordinate for the parolee's residence location
for use with a Geographical Information System (GIS) or comparable
computer program.
(2) The information required by this subdivision shall come from
the statewide parolee data base. The information obtained from each
source shall be based on the same timeframe.
(3) All of the information required by this subdivision shall be
provided utilizing a computer-to-computer transfer in a format usable
by a desktop computer system. The transfer of this information
shall be continually available to local law enforcement agencies upon
request.
(4) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.
(f) Notwithstanding any other provision of law, an inmate who is
released on parole shall not be returned to a location within 35
miles of the actual residence of a victim of, or a witness to, a
violent felony as defined in paragraphs (1) to (7), inclusive, of
subdivision (c) of Section 667.5 or a felony in which the defendant
inflicts great bodily injury on any person other than an accomplice
that has been charged and proved as provided for in Section 12022.53,
12022.7, or 12022.9, if the victim or witness has requested
additional distance in the placement of the inmate on parole, and if
the Board of Prison Terms or the Department of Corrections finds that
there is a need to protect the life, safety, or well-being of a
victim or witness.
(g) Notwithstanding any other law, an inmate who is released on
parole for any violation of Section 288 or 288.5 shall not be placed
within one-quarter mile of any school including any or all of grades
kindergarten to 6, inclusive.
(h) Notwithstanding any other law, an inmate who is released
on parole for an offense involving stalking shall not be returned to
a location within 35 miles of the victim's actual residence or place
of employment if the victim or witness has requested additional
distance in the placement of the inmate on parole, and if the Board
of Prison Terms or the Department of Corrections finds that there is
a need to protect the life, safety, or well-being of the victim.
(i) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out-of-county
commitments from a county compared to the number of commitments from
that county when making parole decisions.
(i)
(j) An inmate may be paroled to another state pursuant to
any other law.
(j)
(k) (1) Except as provided in paragraph (2), the Department
of Corrections shall be the agency primarily responsible for, and
shall have control over, the program, resources, and staff
implementing the Law Enforcement Automated Data System (LEADS) in
conformance with subdivision (e).
(2) Notwithstanding paragraph (1), the Department of Justice shall
be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.
SEC. 4. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.